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U.S. v. Carillo-Ayala, No. 11-14473 (11th Cir.) (713 F.3d 82) (March 22, 2013) (Judge Donald W. Molloy)

Article • April 1, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, "In Connection With"

U.S. v. Carillo-Ayala, No. 11-14473 (11th Cir.) (713 F.3d 82) (March 22, 2013) (Judge Donald W. Molloy) by This case explores an interesting question of first impression concerning the so-called sentencing “safety valve,” a provision enacted by Congress in 1994 that enables a Federal sentencing judge to impose a sentence …

U.S. v. Cassesse, No. 10-2210-cr (2nd Cir.) (685 F.3d 186) (July 11, 2012) (Judge Jon O. Newman)

Article • December 1, 2012

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Cassesse, No. 10-2210-cr (2nd Cir.) (685 F.3d 186) (July 11, 2012) (Judge Jon O. Newman) by Sentencing for racketeering conviction and for violation of supervised release is affirmed over defendant's contention that his twelve months of imprisonment imposed for the supervised release violation should have been subtracted from …

U.S. v. Chavez, No. 05-4679-cr (2nd Cir.) (549 F.3d 119) (December 8, 2008) (Judge Amalya Lyle Kearse)

Article • January 1, 2009 • from P&J January, 2009

Filed under: Punch And Jurists, Firearms

U.S. v. Chavez, No. 05-4679-cr (2nd Cir.) (549 F.3d 119) (December 8, 2008) (Judge Amalya Lyle Kearse) by Convictions for narcotics conspiracy and possession of a silencer-equipped firearm in furtherance of that conspiracy and imposing consecutive sentences for co-defendant's two offenses are affirmed over claims of error that: 1) the …

Old Chief v. U.S., No. 95-6556 (U.S. Supreme Court) (519 U.S. 172; 117 S.Ct. 644) (January 7, 1997) (Justice Souter)

Article • September 6, 2006

Filed under: Punch And Jurists, Stipulations

Old Chief v. U.S., No. 95-6556 (U.S. Supreme Court) (519 U.S. 172; 117 S.Ct. 644) (January 7, 1997) (Justice Souter) by In this decision, the Supreme Court issued an important ruling which resolved (at least until the Justice Department seeks new legislation to overturn this result) a sharp disagreement among …

U.S. v. Rivera, No. 04-5480-cr (2nd Cir.) (415 F.3d 284) (July 18, 2005) (Judge John M. Jr. Walker)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Definitions

U.S. v. Rivera, No. 04-5480-cr (2nd Cir.) (415 F.3d 284) (July 18, 2005) (Judge John M. Jr. Walker) by Here the Second Circuit joined five other circuits in holding that an inoperable firearm falls within the definition of a firearm under 18 U.S.C. § 921(a)(3). “Firearm” is defined by the …

Lewis v. U.S., No. 78-1595 (U.S. Supreme Court) (445 U.S. 55; 100 S.Ct. 915) (February 27, 1980) (Justice Blackmun)

Article • January 2, 2005

Filed under: Punch And Jurists, Predicate Acts/Offenses

Lewis v. U.S., No. 78-1595 (U.S. Supreme Court) (445 U.S. 55; 100 S.Ct. 915) (February 27, 1980) (Justice Blackmun) by Here the Court held that the broad and plain language of 18 USC app § 1202(a)(1) prohibits possession of a firearm be any person convicted of a felony without regard …

U.S. v. Vega, No. 03-13329 (11th Cir.) (392 F.3d 1281) (December 8, 2004) (Per Curiam)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Definitions

U.S. v. Vega, No. 03-13329 (11th Cir.) (392 F.3d 1281) (December 8, 2004) (Per Curiam) by

Richardson v. Ramirez, No. 72-1589 (U.S. Supreme Court) (418 U.S. 24; 94 S.Ct. 2655) (June 24, 1974) (Justice Rehnquist)

Article • December 1, 2004

Filed under: Punch And Jurists, Civil Disabilities

Richardson v. Ramirez, No. 72-1589 (U.S. Supreme Court) (418 U.S. 24; 94 S.Ct. 2655) (June 24, 1974) (Justice Rehnquist) by Here, over the strong dissents of Justices Douglas and Marshall, the Court held that felon disenfranchisement statutes do not constitute per se violations of the constitutional right to vote or …

U.S. v. Vega, No. 03-13329 (11th Cir.) (365 F.3d 988) (April 8, 2004) (Judge Eugene E. Jr. Siler)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Punch And Jurists, Definitions

U.S. v. Vega, No. 03-13329 (11th Cir.) (365 F.3d 988) (April 8, 2004) (Judge Eugene E. Jr. Siler) by Joining with the Sixth Circuit, the Eleventh Circuit held that the United States Sentencing Commission exceeded its authority in providing an enhancement for crimes involving semi-automatic weapons legally possessed under the …

U.S. v. Shaw, No. 00-4649 (4th Cir.) (313 F.3d 219) (December 16, 2002) (Judge William B. Jr. Traxler)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Shaw, No. 00-4649 (4th Cir.) (313 F.3d 219) (December 16, 2002) (Judge William B. Jr. Traxler) by U.S. v. Cordero, 313 F.3d 161 (3rd Cir. 2002) (Judge McKee) U.S. v. Shaw, 313 F.3d 219 (4th Cir. 2002) (Judge Traxler) Both of these cases address an interesting question: when …

U.S. v. Cordero, No. 01-2437 (3rd Cir.) (313 F.3d 161) (December 17, 2002) (Judge Theodore A. McKee)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Cordero, No. 01-2437 (3rd Cir.) (313 F.3d 161) (December 17, 2002) (Judge Theodore A. McKee) by U.S. v. Cordero, 313 F.3d 161 (3rd Cir. 2002) (Judge McKee) U.S. v. Shaw, 313 F.3d 219 (4th Cir. 2002) (Judge Traxler) Both of these cases address an interesting question: when a …

U.S. v. Cook, No. 01-15881 (11th Cir.) (291 F.3d 1297) (May 21, 2002) (Per Curiam)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Cook, No. 01-15881 (11th Cir.) (291 F.3d 1297) (May 21, 2002) (Per Curiam) by The defendant in this case, who was originally sentenced to three years of probabtion, appealed her sentence of 24 months in prison, imposed by the United States District Court for the Northern District of …

U.S. v. Cunningham, No. 01-1252 (2nd Cir.) (292 F.3d 115) (May 29, 2002) (Judge Joseph M. McLaughlin)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Cunningham, No. 01-1252 (2nd Cir.) (292 F.3d 115) (May 29, 2002) (Judge Joseph M. McLaughlin) by Here the Court held that the letter grade of an offense used in 18 USC § 3559 and USSG § 5D1,2(a) to determine the length of a term of supervised release is …

U.S. v. Outen, No. 97-1103 (2nd Cir.) (286 F.3d 622) (April 12, 2002) (Judge Sonia Sotomayor)

Article • April 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Outen, No. 97-1103 (2nd Cir.) (286 F.3d 622) (April 12, 2002) (Judge Sonia Sotomayor) by In this case, the Second Circuit addressed what it termed "two important questions arising from the Supreme Court's landmark decision in Apprendi . . . and this circuit's application of that decision to …

U.S. v. Fowlkes, No. 4:01CR000163-01 GH (E.D.Ark.) (183 F.Supp.2d 1136) (January 18, 2002) (Judge George Jr. Howard)

Article • March 1, 2002 • from P&J March, 2002

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Fowlkes, No. 4:01CR000163-01 GH (E.D.Ark.) (183 F.Supp.2d 1136) (January 18, 2002) (Judge George Jr. Howard) by This decision addresses one of those classic conflicts between two inconsistent provisions of Federal sentencing law, namely 18 U.S.C. §§ 3561(a)(1) and 3553(e). Section 3561(a)(1) [and U.S.S.G. § 5B1.1(b)(1)] provide that a …

U.S. v. Collins, No. 00-3783 (7th Cir.) (272 F.3d 984) (December 3, 2001) (Judge Kenneth F. Ripple)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Stipulations

U.S. v. Collins, No. 00-3783 (7th Cir.) (272 F.3d 984) (December 3, 2001) (Judge Kenneth F. Ripple) by Here the Seventh Circuit affirmed its rule that Apprendi does not require drug quantity to be submitted to the jury where the defendant has stripulated to the drug quantity.

U.S. v. Guevara, No. 00-1133 (2nd Cir.) (277 F.3d 111) (December 18, 2001) (Judge Dennis G. Jacobs)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Guevara, No. 00-1133 (2nd Cir.) (277 F.3d 111) (December 18, 2001) (Judge Dennis G. Jacobs) by A mere six days after the Second Circuit released its long-awaited, but disappointingly timorous, en banc decision in U.S. v. Thomas, No. 98-1051 (2nd Cir. 12/12/2001) (see P&J, 11/26/01), a panel of …

U.S. v. Roper, No. 99-6693 (6th Cir.) (266 F.3d 526) (September 21, 2001) (Judge Ronald Lee Gilman)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Stipulations

U.S. v. Roper, No. 99-6693 (6th Cir.) (266 F.3d 526) (September 21, 2001) (Judge Ronald Lee Gilman) by After the defendant in this case was sentenced to 265 months in prison for drug crimes, he appealed - arguing that his sentence violated Apprendi v. New Jersey, 530 U.S. 466 (2000) …

U.S. v. Merced, No. 00-1810 (2nd Cir.) (263 F.3d 34) (August 29, 2001) (Per Curiam)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Merced, No. 00-1810 (2nd Cir.) (263 F.3d 34) (August 29, 2001) (Per Curiam) by Although supervised release is now an obligatory component of virtually every Federal sentence, it is sometimes amazing how much confusion reigns at sentencing about some very basic issues - including the scope and permissible …

U.S. v. Barragan, No. 00-30335 (9th Cir.) (263 F.3d 919) (August 29, 2001) (Judge Arthur L. Alarcon)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Barragan, No. 00-30335 (9th Cir.) (263 F.3d 919) (August 29, 2001) (Judge Arthur L. Alarcon) by The defendant in this case argued that the district court plainly erred under Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), by sentencing …